AG Nessel Applauds COA Ruling Related to Ethnic Intimidation Against Transgender Individuals

LANSING – Today, in People v Deonton Rogers, the Michigan Court of Appeals ruled that Michigan’s ethnic intimidation statute protects individuals who are targeted because of their gender, including intimidation against transgender individuals. Michigan Attorney General Dana Nessel previously filed amicus briefs in the Michigan Court of Appeals and Michigan Supreme Court supporting this outcome.

“The transgender community is at heightened risk for intimidation and bias-based crimes, and I applaud the Court for making clear that gender intimidation includes intimidation based on a person being transgender,” Nessel said. “I also want to thank Wayne County Prosecutor Kym Worthy and the Fair Michigan Justice Project for their dedication to protecting vulnerable communities from violence by pursuing this important case.”

In the case, defendant Deonton Rogers is alleged to have intimidated and threatened a transgender woman as she entered a gas station in 2018 in Detroit. Rogers allegedly prodded her with insulting remarks, showed her that he had a gun, and threatened to kill her. The victim believed Rogers to be serious and attempted to pull the gun away; the gun went off, hitting the victim in the shoulder and requiring her hospitalization.

After Rogers was bound over on an ethnic intimidation charge, among others, the circuit court quashed it. On appeal, and contrary to Nessel’s position in her arguments to the Court, the Court of Appeals initially agreed that Rogers’ conduct did not fall within the ethnic intimidation statute. Ultimately, the Michigan Supreme Court remanded the case to the Court of Appeals to reconsider its ruling. Nessel filed an amicus brief in the Michigan Supreme Court prior to that ruling.

Today, the Court of Appeals changed course, holding in part that a “plain reading of the statute would dictate that, whenever a complainant’s gender was the impetus for the intimidating or harassing behavior, the conduct falls within the ethnic-intimidation statute.”

Thus, the Court of Appeals reinstated the ethnic intimidation charge and remanded for further proceedings.

“Incidents like these are unfortunately far too common in the transgender community,” Nessel said.  “Since taking office, I have fought for all Michiganders – especially those who are often the target of hate crimes. This ruling supports that priority and reinforces our most basic and fundamental protections under the law.”

Most recently, in June, Nessel declared unconstitutional a state law requiring “sex-reassignment surgery” to change the sex designation on a birth certificate in Attorney General Opinion #7313. She also enacted a department-wide Transgender Policy that same month.

The Court of Appeals’ remand ruling issued this morning , as well as the concurring opinion are online.

LANSING – Michigan Attorney General Dana Nessel joined a multistate coalition in a comment letter urging the U.S. Environmental Protection Agency (EPA) to swiftly repeal or significantly revise a Trump-era rule curtailing state authority under Section 401 of the Clean Water Act. The changes to the rules made in 2020 have created uncertainty and confusion, complicating and delaying urgently needed action.

“Not only is this rule illegal, but it is harmful to our natural resources,” Nessel said. “Protecting Michigan’s water resources is crucial to the well-being of our residents and our environment. I urge the EPA to act quickly to repeal these misguided rule amendments.”

The Clean Water Act reflects Congress’ policy to “recognize, preserve, and protect the primary responsibilities and rights of states to prevent, reduce, and eliminate pollution” of waters within their borders in partnership with the federal government. Under Section 401 of the statute, a project requiring federal approval that may result in discharges into waters of the United States must obtain state certification confirming that the project meets state water quality standards and other appropriate state law requirements.

The 2020 revisions to the EPA’s Section 401 certification rule have significantly impacted the issuance of nationwide permits. Pursuant to the 2020 rule changes, the Army Corps of Engineers issued several decisions suddenly excluding states’ long used water quality certification conditions. The Army Corps also determined that states had waived their authority to certify certain nationwide permits. As a result, many states are forced to evaluate projects covered by nationwide permits individually, issue state certifications on a project-by-project basis, and adopt individual water quality certifications for dischargers at significant cost to the states and their taxpayers.

In the comment letter responding to the EPA’s notice of intention to reconsider and revise the rule, the coalition argues that the EPA must repeal the Trump-era revisions to the Section 401 certification rule and restore states’ broad authority to approve, impose conditions on, or deny Section 401 certifications for federally permitted projects, as expressly recognized by the Clean Water Act.

In 2019, Nessel was part of a coalition that opposed these rule changes when they were first proposed, and in July of last year, Nessel and the coalition of states filed a lawsuit challenging the EPA’s final rule.

Joining Attorney General Nessel in sending this letter are the attorneys general of California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Pennsylvania, Virginia, and the District of Columbia.

A copy of the comment letter can be found here.

25 Attorneys General to National Council for State Authorization Reciprocity Agreements: Critical Reforms Are Necessary to Protect Against Unfair Practices and Other Risks   

LANSING – Michigan Attorney General Dana Nessel today joined a bipartisan coalition of 25 attorneys general in a letter to the National Council for State Authorization Reciprocity Agreements (NC-SARA) urging it to institute stronger consumer protection policies for the more than 3 million students enrolled in distance education courses offered by its 2,276 participating institutions.

NC-SARA provides leadership over reciprocity agreements joined by 49 states, the District of Columbia, Puerto Rico, and the Virgin Islands, and it controls the minimum standards and policies to which participating institutions must adhere. Currently, Michigan’s membership in NC-SARA allows participating institutions of higher education physically located in other states the ability to enroll students living in Michigan in online programs without having to comply with Michigan’s licensure and approval process. While this provides Michigan students with educational opportunities , it is important that Michigan is able to enforce consumer protection laws to protect its residents.

The attorneys general, citing examples of misconduct by schools participating in NC-SARA, express concerns that NC-SARA’s current policies do not adequately protect students against the unique risks that arise from distance learning, including unfair and deceptive admissions and financial aid practices. The attorneys general recommend NC-SARA improve its policies to provide critical student protections, including:

1. Removing language in its Policy Manual that prohibits states from enforcing their higher education consumer protection laws and instituting meaningful consumer protection standards that participating schools must follow;
2. Improving its procedures to protect current and prospective students at institutions with issues related to consumer protection or financial stability; and
3. Reconstituting its board of directors so that at least a majority of its membership is reserved for member states and territories and additional individuals with consumer protection expertise, such as state attorneys general.

“My colleagues and I call on NC-SARA to make several changes that will benefit the students in its member states—including Michigan. The proposed changes will allow us to more effectively protect those enrolled in distanced learning at one of NC-SARA’s participating institutions. While we want our students to have options, we must ensure there are adequate safeguards in place to protect students from unscrupulous practices,” Nessel said.

Joining Attorney General Nessel in today’s letter are the attorneys general of Maryland, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and Wisconsin.

A copy of the attorneys general’s letter to NC-SARA is available here.

FOR IMMEDIATE RELEASE 
July 29, 2021
[email protected]

Governor Whitmer Releases Statement Of Support for the Gordie Howe International Bridge project

Michigan Gov. Gretchen Whitmer today expressed her appreciation for a joint statement of support for the Gordie Howe International Bridge project issued by the U.S. and Canada 

“This full-throated support of this vital bridge comes as President Biden and Congress continue to make progress on bipartisan and significant investment in transportation and other infrastructure,” Gov. Whitmer said. “The ongoing construction of this bridge has created jobs on both sides of the border, and will continue to spur economic development for many years to come. This bridge also affirms Michigan’s ongoing partnership with Canada, the top purchaser of U.S. goods among countries.”

Michigan Department of Transportation Director Paul C. Ajegba also praised the endorsement by the two countries.

“Working closely with the Windsor Detroit Bridge Authority and Bridging North America, MDOT engineers are making tremendous progress on what will be another iconic transportation structure,” Ajegba said. “Building such an important bridge is a once-in-a-lifetime opportunity, and we grateful to our trusted friends in Canada for this unprecedented collaboration.”

The joint statement:

U.S. – Canada Joint Statement on Gordie Howe International Bridge

As the importance of infrastructure becomes clearer and clearer, our two countries have long been partnering on a once-in-a generation project of critical importance: the Gordie Howe International Bridge.  By creating the first seamless highway-to-highway connection between Windsor, Ontario, and Detroit, Michigan – the location of one of North America’s busiest trade corridors – this new crossing, currently under construction, will for decades serve to secure and spur bi-national economic growth.  Canada is financing the project, and is working hand-in-hand with the State of Michigan (also co-owner of the Bridge), the Federal Highway Administration, a private-sector partner, and many other partners towards a scheduled completion by the end of 2024.  As a top infrastructure priority for both our governments, we’re committed to continuing our support to ensure the project’s state-of-the-art ports of entry are fully funded so vehicles can begin crossing the architecturally stunning cable-stayed structure once completed for the benefit of our shared prosperity.